Pulukuri and Pulukuri (No 2)

Case

[2013] FamCA 590

9 August 2013


Details
AGLC Case Decision Date
Pulukuri and Pulukuri (No 2) [2013] FamCA 590 [2013] FamCA 590 9 August 2013

CaseChat Overview and Summary

In *Pulukuri and Pulukuri (No 2)*, Cronin J of the Family Court of Australia considered applications by both the husband and the wife. The husband sought a stay of orders previously made on 4 March 2013 and also filed a response to the wife's initiating application. The wife had also filed an application in the proceedings.

The central legal issues before the court were whether the husband's application for a stay of the earlier orders should be granted, and the appropriate orders to be made concerning the wife's entitlement and the division of a property located in European Country K. The court also had to determine the disposition of the husband's response to the wife's initiating application and the wife's own application.

Cronin J dismissed the husband's application for a stay of the orders made on 4 March 2013, and also dismissed his response to the wife's initiating application. The court ordered that if the husband failed to pay the wife $151,000, plus accrued interest, by 4.00 pm on 1 September 2013, then the wife was at liberty to sell the property in European Country K. The proceeds of sale were to be applied first to the costs and taxes of sale, then to discharge any encumbrances, followed by the payment of the wife's entitlement of $151,000 plus interest, with any remaining balance to be paid to the husband. The wife's application in a case filed on 24 May 2013 was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Remedies

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106